Published 7:00 pm, Friday, May 16, 2003

TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Mrs. John Segura, hereinafter "Segura", and Ms. Shannon Weaver hereinafter "Weaver", Plaintiffs, complaining ofDr. David Lusk, hereinafter hereinafter "Miller", Defendants, and for cause of action shows:

I. PARTIES

"Lusk", and Mr. Brian Miller, Plaintiff, Mrs. John Segura, is a resident of Montgomery County , Texas.

Plaintiff, Ms. Shannon Weaver, is a resident of Montgomery County, Texas.

Defendant, Dr. David Lusk, may be served at 901 Longmire Rd., Unit 55, Conroe Montgomery County, Texas, 77304-1810.

Defendant, Mr. Brian Miller, may be served at 2603 Wood Estates Dr. Conroe, Montgomery County, Texas,77304-4873.

Under Rule 190 of the Texas Rules of Civil Procedure, Plaintiffs affirmatively plead that discovery is intended to be conducted under Level Two (2) (Rule 190.3 of the Texas Rules ofCivil Procedure) of the Discovery Control Plans.

II. VENUE

Venue is proper in Montgomery County, Texas, because the incidents made the basis of Plaintiffs' causes of action occurred in Conroe, Montgomery County , Texas, at Conroe Independent School District Administration Offices, located in Conroe, Montgomery County , Texas.

III, STATEMENT OF FACTS

Segura and Weaver work for Conroe Independent School District (CISD). The former Superintendent of CISD, Dr. David Lusk, was Segura's and Weaver's supervisor, with control over all aspects of their employment. Brian E. Miller was the Chief Financial Officer for CISD.

Both Segura and Weaver were subjected to highly offensive behavior and sexual harassment from both Lusk and Miller. They were harassed both physically and verbally, suffering such unwelcome sexual conduct from both defendants as sexual advances, requests for sexual favors, continual offensive and demeaning language, unwanted touching, propositions, and questions about their sex life. Lusk constantly inflicted Segura and Weaver, who were essentially a captive audience, with stories about sexual matters, including his own sex life — with intimate details about his extramarital relationships. Segura and Weaver both found these revelations inappropriate and so advised Lusk. It did not deter him.

Lusk told Segura on many occasions that so-and-so, including Weaver, had an "incredible" or "hot" body. Lusk attempted to kiss Segura on one occasion during the workday. She rebuffed this advance. He also asked Segura if she had ever had sex with an older man. Lusk then asked Segura if she had ever "mutually masturbated" and whether she wanted to do so. Segura said no and immediately removed herself from the situation. Lusk then began to ignore Segura intermittently, which negatively affected the workplace environment, as it was a requirement that the Superintendent and Segura, as Director of Communications, interact daily.

Lusk asked Segura to create a memo requesting an unheard of midyear salary increase for Weaver. Lusk told Segura that they needed to get Weaver's boyfriend "out of' the apartment they shared and that, if Weaver made more money, she could live on her own. He then said that, when directed her to do, believing that, despite Lusk's motive, Weaver legitimately deserved a merit increase. When Weaver did move out ofher apartment, but refused to allow Lusk to visit her residence, he became angry and ignored her for some time, making her job and Segura's more difficult.

Segura and Weaver were both subjected to numerous demeaning sexual inquiries vulgarities by Lusk and Miller while a captive audience at work. For example, Lusk told Weaver and Segura of a college fratemity-hazing incident where he had to dip his "particular," gesturing to his penis, into molasses and cover it with corn flakes. He then added that when the fraternity later took a group picture, he then "whipped out" his "particular" for the camera. Lusk also often insisted on telling Segura and Weaver about his doctors' visits saying that, at his age, a physical meant a "finger up the A….." Lusk too would gratuitously announce that he was not in a good mood because he was "bleeding out the A……."

On several occasions, Lusk told Segura that he thought Weaver was "his type." He repeatedly told Segura that Weaver reminded him of his former extra-marital lover. He then asked Segura directly, "Do you think Shannon is interested in f….ing me?" Segura said no, to which Lusk replied, "You don't think she wants to f me?" Segura again said no. After Segura told Miller that Lusk's sexual harassment of Weaver was getting out of control, Miller told Segura that Weaver was going to have to "f him or find another job."

Segura endured constant questions about her sex life and the sex life of Weaver. Lusk told Segura that he thought that Weaver and her boyfriend acted like they were 'tin heat." Lusk on one occasion at lunch with his secretary, Mary Pharis, Weaver, and Segura, asked Weaver if she kisses her boyfriend with her tongue when he has tobacco in his mouth. Lusk then told the three ladies that he hadn't kissed his wife in "probably" six months. In Segura's presence, Lusk also presented Weaver with a mailer that said "How to drive your woman wild in bed," and wrote on it that it was "For Richard," who is Weaver's boyfriend.

Segura directly told Lusk that Weaver was not interested in him, yet he persisted and continued his obsessive behavior. The behavior was pervasive and severe. When Weaver occasionally took a personal day off, Lusk then ignored her for days, asking Segura, "Why the hell is she taking days off? Does she have days to take om She needs to be here."

Lusk invited Weaver, on two separate occasions, to Astro's baseball games. On both occasions Weaver felt pressured and uncomfortable telling Lusk that she did not want to go, but told him "No" anyway. On both occasions, after she told him she would not attend, she was shut out completely from Lusk for several weeks and sometimes over a month. This silent treatment, or being "shut out" from all contact with Lusk, adversely affected Weaver' s job performance and was an intentional act meant to punish Weaver for rebuffing Lusk's advances.

Lusk proved his obsession with Weaver and her body by bringing an "AB" roller to work and demanding that she go in his office and try it out in front ofhim. Weaver, at the time having only been working for CISD for'a few months, did what she was told. As Segura looked on, Lusk demanded Weaver do situps on the floor and touched Weaver's stomach, commenting on how she was working her muscles. On another occasion, with yet a different "AB" roller, Lusk again demanded that Weaver use his "AB" roller. This incident took place at his residence, as he insisted that Weaver and Segura leave work early to join him for "Martinis" despite the fact that Segura did not drink as she was 6 months pregnant. This time, Weaver was wearing a skirt and refused to perfonn the ab roller procedure. Finally, at Lusk's continual insistence, Weaver attempted his new " AB" roller out for him, laying down on the bench but positioning herself in such a way that she was not facing Lusk. Unaware that Lusk had moved across the room, Weaver tried the "AB" roller and Segura watched as Lusk used this ploy to catch a glance up Weaver's skirt. Later that same afternoon while still at Lusk's house, Lusk laid himself over Weaver's lap in an feigned attempt to get his dog off of her. Lusk remained lying on Weaver's lap for several minutes forcefully restraining her from getting up, despite the fact that the dog was nowhere near Weaver any longer . Weaver was subjected to constant comments regarding her hairstyle, clothes and appearance. Repeated requests to Lusk and Miller to stop the offensive behavior were ignored. Lusk made numerous demeaning sexual inquiries and vulgarities to